Corporations, partnerships, trusts, limited liability companies, and other “artificial entities” have the right to vote in Delaware elections under some circumstances, a judge said in a novel ruling Tuesday.

Judge Craig A. Karsnitz rejected an ACLU challenge to a charter permitting voting in local elections by the entities that own most of the property in the Town of Fenwick Island, one of several municipalities in the state with similar provisions. Karsnitz dismissed the lawsuit from Delaware’s Superior Court, citing “the principle of one person/entity/one vote.”

“Visions of faceless large corporations or even HAL controlling a small town are frightening and the stuff of science fiction,” but “trusts, partnerships, limited liability companies, and corporations are expressly recognized as ‘persons’ in the Delaware Code,” the judge said.

The dispute over municipal voting in a tiny coastal community represents an unusual flashpoint in the decades-long fight over the free speech rights of corporations and the dark money flooding the American electoral system. The US Supreme Court held in 2010’s Citizens United v. Federal Election Commission that political spending counts as constitutionally protected speech.

Ever since that ruling effectively ended corporate campaign finance regulation, the prospect of outright voting by business entities has served as fodder for both critics and comedians.

Delaware, home to more corporations than people, is a fitting place for reality to outpace satire. The state constitutional provisions expressly enshrining corporate personhood reflect Delaware’s budgetary reliance on the billions in fees it raises annually from the more than 2 million business entities chartered there.

Karsnitz, writing in a 19-page opinion Tuesday, rejected an array of constitutional arguments advanced by the ACLU, including the claim that entity voting dilutes the political power of living people.

The lawsuit “does not allege discrimination based on race or political partisanship,” show “that entity property owners vote sufficiently as a bloc to usually defeat the preferred candidates of natural persons,” or assert “that Fenwick’s charter distinguishes between natural persons and entity property owners with the discriminatory intent to fence out natural persons,” the judge said.

The town is represented by Brockstedt Mandalas Federico LLC. The ACLU is represented by its own attorneys.

The case is Am. Civ. Lib. Union of Del. v. Town of Fenwick Island, Del. Super. Ct., No. S25C-12-003, 5/26/26.